§ 43-28-18 — Grounds for denial of or disciplinary action against license and certificate

The board may deny an application or take disciplinary action against the license and the
certificate of registration of any applicant or dentist who has:
1. Engaged in dishonorable, unprofessional, or immoral conduct.
2. Been convicted of an offense determined by the board to have a direct bearing upon
the individual's ability to serve the public as a dentist, or the board determines,
following conviction for any offense, that the individual is not sufficiently rehabilitated
under section 12.1-33-02.1.
3. Been adjudged mentally ill and not judicially restored by the regularly constituted
authorities or have a physical or mental disability materially affecting the ability to carry
out the duties within the scope of practice in a competent manner.
4. Used alcohol or drugs to such a degree as to interfere with the licensee's ability to
safely perform the duties within the scope of practice for dentistry.
5. Employed or permitted an unlicensed individual to practice dentistry in the office under
the dentist's control.
6. Been grossly negligent in the practice of dentistry.
7. Engaged in fraud or deceit in obtaining the license or in the practice of dentistry.
8. Disclosed confidential information.
9. Shared any professional fee with anyone or paid anyone for sending or referring
patients to the dentist. However, this does not prohibit dentists from practicing in a

partnership and sharing one another's professional fees, nor prohibit a dentist from
employing any other dentist or dental hygienist.
10. Used any advertising of any character tending to mislead and deceive the public,
including advertising the public could reasonably interpret as indicating the dentist is
qualified to practice a dental specialty, if the practice of that dental specialty would be
outside the scope of practice for which the dentist is qualified to practice.
11. Failed to meet minimum standards of professional competence.
12. Prescribed, administered, or dispensed medications for reasons or conditions outside
the scope of dental practice.
13. Fraudulently, carelessly, negligently, or inappropriately prescribed drugs or
medications.
14. Directed others to perform acts or provide dental services for which they were not
licensed or qualified or were prohibited by law or rule from performing or providing.
15. Submitted fraudulent insurance claims.
16. Made any false, fraudulent, deceptive, or untrue statements in connection with the
practice of dentistry, or in an application for an examination to obtain a license to
practice dentistry.
17. Made any false representations that the individual is the holder of a license or
certificate of registration to practice dentistry.
18. Made any false claims that the individual is a graduate of a dental college or the holder
of any diploma or degree from a dental college.
19. Failed to comply with commonly accepted national infection control guidelines and
standards.
20. Abandoned the dentist's practice in violation of rules adopted by the board.
21. Failed to report to the board as required under section 43-28-18.1.
22. Failed to practice within the scope of that dentist's education or advanced training as
recognized by the board, the American dental association, or other professional entity
recognized by the board.
23. Failed to release, within a reasonable time, copies of dental or medical records
requested by a patient of record or violated section 23-12-14, or failure to provide a
complying written statement to a patient, the board, or other requester. Dental records
may include any document, charting, study models, doctor's notations, billing
information, insurance document or combination of documents that pertains to a
patient's medical history, diagnosis, prognosis, or medical condition, which is
generated and maintained in the process of the patient's dental health care treatment.
Within ten days after receipt of request, a dentist who fails to release patient records
shall provide a written statement, detailing the cause of delay and an estimation of
when records will be produced, to the patient or requester.
24. Advised or directed patients to dental laboratories or dental laboratory technicians for
any dental service or advised or directed patients to deal directly with laboratories or
dental laboratory technicians without first having furnished the dental laboratory or
dental laboratory technician a written prescription.
25. Worked or cooperated with dental laboratories that advertise for public patronage by
delegating work to such laboratories in return for the referral of laboratory patrons for
professional services.
26. Used the services of a person or entity not licensed to practice dentistry in this state,
or constructed, altered, repaired, or duplicated a denture, plate, partial plate, bridge,
splint, or orthodontic or prosthetic appliance, except as provided by rule adopted by
the board.
27. Violated the code of ethics adopted by the board by rule.
28. Violated this chapter or rules adopted by the board.
29. Had the applicant's or dentist's license suspended, revoked, or disciplined in another
jurisdiction.
30. Maintained a lack of appropriate documentation in dental records for diagnosis,
testing, or treatment of patients.

31. Failed to fully and completely cooperate in an investigation by the board, including
failure to promptly provide legally sought information to the board or any investigative
panel, investigator, or authorized agent of the board.
32. Failed to comply with the terms of a program contracted for under section 43-28-06.